Juridisk Information

Företagsnamn

Aerospider Cars AB LTD

 

Registrerat säte

Storbritannien/Sverige

 

Kontaktuppgifter

sales@zeekrheaven.com

 

Organisationsnummer

16350094

Momsregistreringsnummer

BE16350094

 

Tillsynsmyndighet

Skatteverket

Bolagsverket

Company House UK

GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF PASSENGER VEHICLES FOR AEROSPIDER CARS AB LTD

1. GENERAL

1.1 These general terms and conditions (hereinafter referred to as "General Terms") apply between Zeekr Heaven - Aerospider Cars AB LTD (organization number 16350094), (hereinafter referred to as "Zeekr Heaven") and a private individual (natural person) acting for purposes outside of business or a business (legal person or natural person through their business), (hereinafter referred to as "Consumer" or "Business", and collectively "Customer" unless otherwise stated below) for the purchase and delivery of passenger car(s) of the Zeekr brand (hereinafter referred to as "Vehicle"). By placing an order for a Vehicle, the Customer agrees to these General Terms.

 

2. ORDER AND ORDER CONFIRMATION

2.1 The Customer places an order for a Vehicle via Zeekr Heaven's website (https://www.zeekrheaven.eu)

2.2 To place an order, the Customer must provide all requested necessary information and pay a non-refundable deposit (hereinafter referred to as "Deposit"). The Deposit is only refundable under certain specific circumstances as stated in these General Terms. An Order is binding for the Customer. Zeekr Heaven will send an order confirmation (including the configuration details of the Vehicle) to the Customer without undue delay after receiving the Order (hereinafter referred to as "Order Confirmation"). A binding agreement for the purchase and delivery of the Vehicle shall be deemed to have been entered into when the Customer receives the Order Confirmation (hereinafter referred to as the "Purchase Agreement"). For forty-eight (48) hours after placing the Order, the Customer shall have the right and opportunity to change the Order (hereinafter referred to as the "Configuration Period"). The Customer may change all configuration details but may not change the model of the Vehicle. The terms of the Purchase Agreement - whether changed during the Configuration Period or not - shall be confirmed by Zeekr Heaven by Zeekr Heaven sending an updated order confirmation to the Customer (hereinafter referred to as the "Final Order Confirmation").

2.3 Zeekr Heaven reserves the right to refuse an Order (e.g. due to changes in the product range). If Zeekr Heaven refuses an Order, no Purchase Agreement shall be deemed to have been entered into. Zeekr Heaven shall notify the Customer without undue delay if an Order is refused. If Zeekr Heaven refuses an Order in accordance with this clause 2.3, or refuses an Order or terminates a Purchase Agreement in accordance with section 2.5 below, Zeekr Heaven shall refund the Deposit to the Customer.

2.4 A Consumer must be eighteen (18) years of age to place a valid Order and enter into a Purchase Agreement.

2.5 An Order placed, or a Purchase Agreement entered into, for the purpose of reselling the Vehicle shall under no circumstances be valid as Zeekr Heaven intends to sell Vehicles directly to end customers. Zeekr Heaven reserves the right to cancel such an Order or terminate such a Purchase Agreement if Zeekr Heaven suspects that the Vehicle is intended to be resold. 

 

2.6 The Customer understands that Zeekr Heaven strives to provide as complete and accurate information as possible but cannot guarantee that the images represent the Vehicle's exact appearance. The images are for illustrative purposes only and Zeekr Heaven reserves the right to any technical, graphic and typographical errors and deviations in text, images and illustrations.

 

3. CANCELLATION - Private individuals only

3.1 After placing an Order but before delivery of the Vehicle, a Customer purchasing as a Consumer shall have the right to cancel the purchase, but only upon payment of compensation in accordance with section 9.

 

4. PRICES AND PAYMENT

4.1 The Customer shall pay the price stated in the Final Order Confirmation (hereinafter referred to as the "Purchase Price"). If the Customer has paid a Deposit, Zeekr Heaven shall credit the corresponding amount from the Purchase Price.

4.2 The Customer may choose to pay for the Vehicle via bank transfer, a financing solution provided by a Zeekr Heaven-approved partner who has pre-agreed terms with Zeekr Heaven (hereinafter referred to as "Zeekr Heaven Financing Partner"), or another financing solution provided by a third party, in accordance with applicable payment terms. Cash payment is not accepted.

4.3 If the Customer chooses a financing solution via a Zeekr Heaven Financing Partner, the Customer must submit an application to the Zeekr Heaven Financing Partner within seven (7) days of receiving the Order Confirmation. If the Zeekr Heaven Financing Partner, after an application submitted in accordance with this clause 4.3, refuses the Customer's chosen financing solution, the Customer shall have the right to withdraw from the Purchase Agreement without incurring any further costs, and shall receive the Deposit back in full.

4.4 Zeekr Heaven shall, before Delivery, provide the Customer with a payment request and payment instructions in accordance with the chosen payment solution. The Customer shall pay in accordance with such request and instructions before Delivery.

4.5 If the required payment of the Purchase Price has not been received by Zeekr Heaven no later than forty-eight (48) hours before Delivery, Zeekr Heaven shall have the right to withhold Delivery until payment has been made in full.

 

5. DELIVERY AND DELAY

5.1 The estimated delivery time shall be stated in the Final Order Confirmation. Zeekr Heaven will continuously keep the Customer informed of the estimated delivery date. The estimated delivery time and the estimated delivery date are not binding on Zeekr Heaven. In the event of a delivery delay in relation to an estimated delivery date, Zeekr Heaven will promptly notify the Customer via the e-mail address or telephone number provided by the Customer.

5.2 Delivery shall take place on the delivery day at a location specified by Zeekr Heaven, or another location agreed upon between Zeekr Heaven and the Customer, subject to Zeekr Heaven's limited availability to offer such an alternative ("Delivery"). Zeekr Heaven shall notify the Customer when the Vehicle is ready for collection at the location specified by Zeekr Heaven or another location and delivery date. In connection with Delivery, the Customer shall sign a delivery confirmation as confirmation that the Delivery has been completed.

5.3 Zeekr Heaven only delivers Vehicles within the European Union. Vehicles must always be registered in the country where the Customer is registered within the European Union. If the Customer wishes to re-register the Vehicle outside Sweden, the Customer is responsible for all related registrations, taxes, duties and fees. The Customer is also responsible for complying with local laws and requirements.

 

6. CUSTOMER'S RIGHT OF WITHDRAWAL - CONSUMERS ONLY

6.1 In accordance with the provisions of the Distance Contracts and Off-Premises Contracts Act (2005:59), a Customer purchasing as a Consumer shall have the right to withdraw from the Purchase Agreement by giving a clear message of withdrawal to Zeekr Heaven within fourteen (14) days of Delivery. The Customer may use the withdrawal form template provided in Annex 1. Zeekr Heaven shall confirm receipt of the message without delay.

6.2 Upon withdrawal from the Purchase Agreement, the Customer shall return the Vehicle in the condition it was in at Delivery (including all accessories and optional equipment included in the purchase of the Vehicle) free of liens and encumbrances. The Customer shall, within fourteen (14) days of the notice of withdrawal, return the Vehicle to Zeekr Heaven at their own expense. The estimated cost of returning the Vehicle depends on the distance between the place of Delivery and the Customer.

6.3 If the Customer withdraws from the Purchase Agreement in accordance with clause 6.1 - 6.2, Zeekr Heaven is entitled to compensation for any reduction in the value of the Vehicle only to the extent that such loss is a result of the Customer handling the Vehicle to a greater extent than is necessary to determine the Vehicle's characteristics and/or function. If the Vehicle has been driven more than 500 kilometers, during the period from Delivery until the Vehicle is returned after withdrawal, it shall always be considered that the Vehicle has been handled to a greater extent than necessary. Compensation under this section 6.3 may be paid by offsetting the Purchase Price refunded by Zeekr Heaven. 

 

6.4 Zeekr Heaven's refund of the Purchase Price, including any offset, shall be made without undue delay. However, such refund is conditional upon the Customer having returned the Vehicle (including all accessories included in the purchase of the Vehicle) in a complete and undamaged condition, and that ownership of the Vehicle has reverted to Zeekr Heaven. The Customer has no right to withdraw from the Purchase Agreement if the purchase concerns a specially ordered vehicle that Zeekr Heaven cannot sell to another buyer without significant loss.

6.5 The Customer shall be responsible for all taxes, fees, fines or similar incurred during the time the Vehicle is in the Customer's possession.

 

7. LIABILITY FOR DEFECTS

7.1 Zeekr Heaven is responsible for reporting manufacturing defects in the vehicle covered by the warranty (referred to and defined in section 14.1) (hereinafter referred to as the "Warranty") to Zeekr's Swedish company. With the exception of this clause 7.1, what is stated in this section 7 shall not apply to Customers purchasing as Businesses. For both types of Customers, a product declaration together with an underlying investigation shall be given importance in assessing whether the defect existed at the time of Delivery.

 

For customers purchasing as private individuals

7.2 Zeekr Heaven is also liable for defects in accordance with the Swedish Consumer Sales Act (2022:260) (hereinafter referred to as the "KKL").

7.3 Zeekr Heaven is liable for defects that exist at the time of Delivery, e.g. that the Vehicle is in worse condition than the Customer could reasonably have expected with regard to price, age and mileage. Defects that appear within two (2) years of Delivery shall be deemed to have existed at the time of Delivery, unless Zeekr Heaven can prove otherwise or if this is incompatible with the Vehicle's or the defect's nature.

7.4 In the event of a defect in the Vehicle, the Customer purchasing as a Consumer shall have the right to demand that Zeekr Heaven remedy the defect or deliver a new vehicle, if this can be done without unreasonable costs for Zeekr Heaven.

7.5 In addition to what is stated in clause 7.4, the Customer shall instead have the right to demand a price reduction or cancel the purchase. In such case, Zeekr Heaven shall instead have the right to remedy the defect or deliver a new vehicle if this can be done without cost and significant inconvenience to the Customer.

7.6 If Zeekr Heaven cannot remedy the defect or deliver a new vehicle within a reasonable time after the complaint, or cannot remedy the defect or deliver a new vehicle without significant inconvenience to the Customer, the Customer has the right to demand a price reduction corresponding to the defect or cancel the purchase if the defect is of significant importance to the Customer.

7.7 The Customer shall notify Zeekr Heaven of any defect in the Vehicle as soon as possible. Depending on the type of defect, the Customer shall make any complaints within the applicable warranty periods specified in the Warranty, or in accordance with the KKL. Zeekr Heaven is not liable for defects that the Customer does not notify Zeekr Heaven in accordance with applicable deadlines. 

 

8. CUSTOMER'S RIGHT TO DAMAGES

For customers purchasing as businesses

8.1 Zeekr Heaven shall not be liable to the customer for direct or indirect damages, including but not limited to, consequential damages, indirect damages, expenses and losses, loss of profit/income or any other form of loss in the business.

For customers purchasing as consumers

8.2 The Customer is not entitled to compensation unless mandatory rules regarding consumer purchases under the KKL give the Customer the right to compensation for damages, e.g. expenses and losses, that the Customer incurs due to the Vehicle being defective or due to Zeekr Heaven's delay in delivery of the Vehicle. Zeekr Heaven is not liable for compensation that is of a purely non-monetary nature.

8.3 The Customer is not entitled to damages if Zeekr Heaven can show that the delay or defect was due to an obstacle beyond Zeekr Heaven's control that Zeekr Heaven could not reasonably have foreseen at the time of the purchase, and whose consequences Zeekr Heaven could not reasonably have avoided or overcome (e.g. but not limited to war, natural disasters, riots or other civil disobedience, disruptions in industry, or pandemic).

8.4 The Customer shall take reasonable steps to limit their damages, expenses and losses.

 

9. Zeekr Heaven's RIGHT TO DAMAGES IN CASE OF CANCELLATION - CONSUMERS ONLY

9.1 This section 9 applies only to Customers purchasing as Consumers for cancellations made in accordance with section 3.

9.2 If the Customer cancels the purchase, for reasons other than defects or delay in Delivery, within one (1) week of the Purchase Agreement being entered into, Zeekr Heaven is entitled to compensation of one point five (1.5) percent of the price stated in the Purchase Agreement, however, no less than three thousand (2500) SEK. If the Vehicle has been fitted with extra equipment, the Customer shall also reimburse Zeekr Heaven for costs for assembly and disassembly of the equipment and other costs related to this.

9.3 If the Customer cancels the purchase, for reasons other than defects or delay in Delivery, later than within one (1) week of the Purchase Agreement being entered into, Zeekr Heaven is entitled to compensation of seven (7) percent of the price stated in the Purchase Agreement, however, no less than three thousand (2500) SEK. This clause does not apply to cancellations made in accordance with clause 9.3.

9.4 If the Vehicle is of such a nature that it cannot be sold to another buyer without significant loss to Zeekr Heaven, or if the Purchase Price is higher than seven point five (7.5) base amounts, Zeekr Heaven is entitled to compensation of fifteen (15) percent of the Purchase Price, if the Customer cancels the Purchase Agreement later than within one (1) week of the Purchase Agreement being entered into.

 

10. CUSTOMER'S DELAY

10.1 If the Vehicle is available for Delivery and the Customer has not paid the Purchase Price on time, and the delay is not due to Zeekr Heaven, Zeekr Heaven shall have the right to demand the Customer's fulfillment of the purchase and payment of default interest in accordance with paragraph 6 of the Interest Act (1975:635). Zeekr Heaven has the right to cancel the purchase if the Customer's delay constitutes a material breach of the Purchase Agreement and the Customer has not made the payment within an additional time determined by Zeekr Heaven (normally within two (2) weeks). In the event of cancellation, Zeekr Heaven is entitled to compensation of ten (10) percent of the Purchase Price (for Consumers) and eighteen (18) percent of the Purchase Price, plus, compensation for removal and installation of any optional equipment and other costs due to the cancellation (for Businesses).

 

11. CONNECTIVITY PRODUCTS AND OTHER SERVICES

Connectivity products

11.1 A standard connectivity package (hereinafter referred to as "Standard Connectivity") is included in the purchased Vehicle at no extra cost. In addition, a trial period of a premium connectivity package (hereinafter referred to as "Premium Connectivity" and together with Standard Connectivity, "Connectivity Products") is included upon delivery of the Vehicle for a period of one (1) year from Delivery. When the trial period expires, the Customer can choose to subscribe to Premium Connectivity to continue using Premium Connectivity. If the Customer does not subscribe to Premium Connectivity, the Vehicle's connectivity connection will revert to Standard Connectivity.

11.2 The Customer shall always comply with ZEEKR's general terms and conditions and terms of use for Connectivity Products, which ZEEKR provides to the Customer in connection with Delivery.

11.3 The functions and services included in the Connectivity Products may be changed at any time, and certain functions and/or services may be limited or unavailable from time to time. For Customers purchasing as Consumers, changes to Premium Connectivity may result in a right to terminate the subscription. A data connection is required to access the Connectivity Products. Zeekr Heaven provides the data connection via a mobile network operator. ZEEKR is not responsible for the quality, functionality or reliability of the data connection or potential updates that may be required for the use or continued use of the data connection.

 

Road Assistance

11.4 When purchasing a Vehicle, access to roadside assistance provided by Zeekr Heaven or a Zeekr Heaven authorized third party ("Zeekr Heaven Assist") is included for three (3) years. A separate description of the services included in, and the terms and conditions for, ZEEKR Assist is provided when the car is delivered.

 

12. TITLE

12.1 Zeekr Heaven reserves the right of ownership to the Vehicle until the Customer has fulfilled all payment requirements under the Purchase Agreement. Responsibility for the Vehicle passes from Zeekr Heaven to the Customer when Delivery has been completed in accordance with clause 5.2.

 

13. REGISTRATION AND INSURANCE

13.1 Zeekr Heaven shall, at the Customer's expense, ensure that the Vehicle is registered and put into service in Sweden. The Customer shall cooperate with Zeekr Heaven to the extent necessary to ensure that the registration can be made. The costs for this shall be specified in the Purchase Agreement. The Customer shall ensure that the Vehicle is insured from the date of Delivery. 

 

14. WARRANTY, SERVICE AND REPAIR

14.1 The new car warranty that Zeekr Heaven provides to the Customer is specified in a warranty policy (hereinafter referred to as the "Warranty").

14.2 Service or repairs are recommended to be performed by Zeekr Heaven's own service centers or mobile services, or otherwise by Zeekr Heaven's authorized partners within service and repair locations/workshops.

 

15. INSTRUCTION MANUAL

15.1 The Customer shall have access to a digital instruction manual for the Vehicle online in the Customer's Zeekr Heaven account and via the Vehicle's infotainment system, which may be subject to updates from time to time. A printed version of the instruction manual will also be available in physical form in the Vehicle at Delivery. The complete and digital instruction manual shall take precedence over the physical version.

 

16. GDPR

 

16.2 Zeekr Heaven will process the Customer's personal data. Information on ZEEKR's processing of personal data can be found in Zeekr Heaven's privacy policy, which will be made available to the Customer in accordance with applicable data protection legislation.

17. INTELLECTUAL PROPERTY RIGHTS

17.1 All material such as text, files, images, graphics, drawings, photos, videos, music or other material ("Content") published by Zeekr Heaven is protected by the Copyright Act (1960:729). Duplication, copying, transfer, sale, transmission or any other form of exploitation of such Content (both for commercial and non-commercial purposes) is prohibited and requires Zeekr Heaven's prior written approval. This means, for example, that the Customer may not transfer such Content to another website or copy or distribute Content in any other way without Zeekr Heaven's prior written approval. 

 

18. EARLY TERMINATION - BUSINESSES ONLY

18.1 Zeekr Heaven has the right to terminate the Purchase Agreement with immediate effect if the Customer purchasing as a Business is declared bankrupt, applies for legal or out-of-court settlement with its creditors, enters into composition for the benefit of these creditors, voluntarily files for bankruptcy or has a bankruptcy trustee appointed or is subject to liquidation, dissolution or involuntary bankruptcy proceedings, or otherwise ceases its operations.

18.2 Zeekr Heaven shall be relieved of all liability for failure to fulfill an obligation under the Purchase Agreement and these General Terms due to a circumstance beyond Zeekr Heaven's control. Circumstances that give rise to such exemption are those such as, but not limited to, changes in laws or regulations or the interpretation thereof, actions by authorities, war, acts of war, strikes or other industrial action, blockades, pandemics, unforeseen delays from factories that manufacture the Vehicle, major accidents such as accidents that affect the production of the Vehicle or the order level, damage to machinery, currency restrictions, etc. (hereinafter referred to as "Force Majeure"). If Zeekr Heaven cannot fulfill its obligations due to a Force Majeure event for more than three (3) months, Zeekr Heaven shall have the right to terminate the Purchase Agreement with immediate effect.

 

19. ASSIGNMENT

19.1 These General Terms, and the rights and obligations arising from an Order or a Purchase Agreement, may not be assigned or transferred by the Customer to a third party. Zeekr Heaven has the right to assign or transfer Zeekr Heaven's rights and obligations under these General Terms to a third party.

 

20. GOVERNING LAW AND DISPUTE RESOLUTION

20.1 These General Terms, and any Order or Purchase Agreement that relates to these, shall be governed by Swedish substantive law, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) shall not apply. Disputes, disagreements or claims arising out of or in connection with these General Terms, or any Order or Purchase Agreement that relates to these, or breach, termination or invalidity thereof, shall, if they cannot be resolved between the parties, be determined in the first instance by the Gothenburg District Court. A Customer purchasing as a Consumer may also contact the municipal consumer guidance, their motor organization or the National Board for Consumer Disputes (ARN). 

 

21. TERMS AND CONDITIONS FOR CAMPAIGN OFFERS

21.1 This section applies to the limited campaign offer for the purchase and delivery of Zeekr Vehicles that is carried out during the fulfillment of the criteria stated below ("the Campaign"). In consideration of the Campaign, this section shall take precedence over the remaining of these General Terms.

21.2 The following criteria apply:

  • The Campaign applies only to Customers who purchase via Zeekr Heaven's website www.zeekrheaven.eu. This is a limited-time offer. The Campaign is only applicable to Orders placed between 6 February 2024 and 30 April 2024 ("Campaign Period") and Vehicles delivered before 31 May 2024. After the Campaign Period, it is no longer possible to participate in the Campaign.
  • The Campaign applies only to Orders placed for Vehicles that are in stock. If the ordered Vehicle is not in stock, Zeekr Heaven will notify the Customer and reserves the right to offer the Customer another model or cancel such Order.

21.3 This Campaign cannot be combined with other offers, campaigns or discounts offered by Zeekr Heaven or any third party. Zeekr Heaven reserves the right to exclude unauthorized participants from the Campaign.

21.4 The Campaign consists of the following campaign items ("Campaign Items"):

  • Premium Connectivity will be included in the purchased Vehicle at no extra cost for a period of ten (10) years, from Delivery.
  • ZEEKR Care Service Plan with scheduled service and recommended health checks up to 10 years or 200,000 km, will be included in the purchased Vehicle at no extra cost, from Delivery.

21.5 The use of the Campaign Items shall always comply with ZEEKR's applicable general terms and conditions for Connectivity Products and the Zeekr Heaven Care Service Plan (Appendix 3).

21.6 This Campaign is non-transferable and may not be resold. If a Vehicle purchased under this Campaign is returned in accordance with section 6, the refund will correspond to the amount paid for the Vehicle, and will be applied in accordance with applicable refund terms.

21.7 Premium Connectivity shall be activated in the Customer's ZEEKR account for the purchased Vehicle and cannot be transferred to another Vehicle or to a new owner of the Vehicle.

 

21.8 For questions regarding the Campaign, please contact the Zeekr Heaven Contact Centre.

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